[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Notices]
[Pages 3380-3382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00904]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-863]


Large Diameter Welded Pipe From Canada: Amended Final Results of 
Antidumping Duty Administrative Review; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) is amending the 
final results of the administrative review of the antidumping duty 
order on large diameter welded pipe (welded pipe) from Canada to 
correct a ministerial error. Based on the amended final results, we 
find that welded pipe from Canada was not sold in the United States at 
less than normal value (NV), during the period of review (POR), May 1, 
2021, through April 30, 2022.

DATES: Applicable January 18, 2024.

FOR FURTHER INFORMATION CONTACT: Faris Montgomery, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1537.

SUPPLEMENTARY INFORMATION:

Background

    On December 5, 2023, Commerce disclosed its calculations to 
interested parties and provided interested parties with the opportunity 
to submit ministerial error comments.\1\ On December 11, 2023, Evraz 
\2\ submitted an allegation of a ministerial error in the Final 
Results.\3\ No other party made a ministerial error allegation or 
provided rebuttal comments in response to Evraz's ministerial error 
allegation. On December 13, 2023, Commerce published its final results 
of administrative review.\4\
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    \1\ See Memorandum, ``Deadline for Ministerial Error Comments 
for the Final Results,'' dated December 6, 2023.
    \2\ In the underlying investigation, Commerce treated Evraz Inc. 
NA, Evraz Inc. NA Canada, and the Canadian National Steel 
Corporation (collectively, Evraz) as a single entity. See Large 
Diameter Welded Pipe from Canada: Final Affirmative Determination of 
Sales at Less Than Fair Value, 84 FR 6378 (February 27, 2019). There 
is no information on this record of this review that warrants 
reconsideration of this single entity determination.
    \3\ See Large Diameter Welded Pipe from Canada: Final Results of 
Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2021-2022, 88 FR 86316 (December 13, 2023) (Final 
Results), and accompanying Issues and Decision Memorandum (IDM). See 
also Evraz's Letter, ``Ministerial Error Comments for the Final 
Results,'' dated December 11, 2023 (Ministerial Error Allegation).
    \4\ See Final Results IDM.
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Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), 
defines a ``ministerial error'' as including ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other 
unintentional error which the administering authority considers 
ministerial.'' With respect to final results of administrative reviews, 
19 CFR 351.224(e) provides that Commerce ``will analyze any comments 
received and, if appropriate, correct any ministerial error by amending 
. . . the final results of review . . .''

Ministerial Error

    Commerce has determined that it made a ministerial error in the 
Final Results within the meaning of section 751(h) of the Act and 19 
CFR 351.224(f). In the Final Results, we made certain revisions to the 
preliminary results based on minor corrections found at verification to 
the cost of coating revenue for certain home market sales.\5\ In its 
ministerial error allegation, Evraz stated that in revising the coating 
revenue for certain home market sales based on minor corrections, 
Commerce did not apply the corrected values properly to certain 
applicable fields in Evraz's home market sales data, and the correction 
was consequently not accounted for in Evraz's final margin 
calculations.\6\
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    \5\ Id. at 3.
    \6\ See Ministerial Error Allegation at 2-3.
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    Commerce determines that it made a ministerial error in the Final 
Results pursuant to section 751(h) of the Act and 19 CFR 351.224(f) and 
has amended its calculations with regard to the coating revenue revised 
as a result of verification.
    For a complete discussion of the ministerial error allegation, as 
well as Commerce's analysis, see the accompanying Ministerial Error 
Memorandum.\7\ The Ministerial Error Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov.
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    \7\ See Memorandum, ``Ministerial Error Allegation in the Final 
Results,'' dated concurrently with this notice (Ministerial Error 
Memorandum).
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    Pursuant to 19 CFR 351.224(e), Commerce is amending the Final 
Results to reflect the correction of this ministerial error in the 
calculation of the weighted-average dumping margin assigned to Evraz in 
the Final Results, which changes from 9.17 percent to 0.00 percent.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a weighted-average dumping margin to be determined for 
companies not selected for individual examination when Commerce limits 
its examination in an administrative review pursuant to section 
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) 
of the Act, which provides instructions for calculating the all-others 
rate in an investigation, for guidance when determining the weighted-
average dumping margin for companies which were not selected for 
individual examination in an administrative review. Under section 
735(c)(5)(A) of the Act, the all-others rate is normally an amount 
equal to the weighted average of the estimated weighted-average dumping 
margins established for exporters and producers individually 
investigated, excluding rates that are zero, de minimis or determined 
entirely on the basis of facts available.
    As discussed in these amended final results of review, we 
calculated a weighted-average dumping margin that is zero for Evraz, 
the sole mandatory respondent in this administrative review. Because 
this is the only weighted-average dumping margin determined in this 
review for an individually examined respondent, we are applying this 
rate to the non-examined companies under review consistent with section 
735(c)(5)(B) of the Act. Accordingly, we are amending the rate applied 
to the 36 non-examined companies under review \8\ in the Final Results, 
from 9.17 percent to 0.00 percent.
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    \8\ See Appendix.
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Amended Final Results

    As a result of correcting the ministerial error, Commerce 
determines that the following estimated weighted-average dumping 
margins exists for the period May 1, 2021, through April 30, 2022:

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------------------------------------------------------------------------
                                                       Weighted-average
                Exporter or producer                    dumping margin
                                                           (percent)
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Evraz Inc. NA, Evraz Inc. NA Canada, and the                        0.00
 Canadian National Steel Corporation................
Companies Not Selected for Individual Examination...                0.00
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Disclosure

    We intend to disclose to parties in this proceeding, under 
administrative protective order, the margin calculations performed for 
these amended final results within five days after publication of these 
amended final results in the Federal Register, in accordance with 19 
CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with these amended final 
results of review. Commerce intends to issue assessment instructions to 
CBP no earlier than 41 days after the date of publication of the 
amended final results of this review in the Federal Register, in 
accordance with 19 CFR 356.8(a).
    Because the weighted-average dumping margin for Evraz is zero 
percent, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.\9\
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    \9\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012).
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    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by Evraz for which the 
company did not know that the merchandise it sold to the intermediary 
(e.g., a reseller, trading company, or exporter) was destined for the 
United States. In such instances, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.\10\
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    \10\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Because the weighted-average dumping margin assigned to the 
companies which were not selected for individual examination is zero 
percent, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies 
listed above will be equal to the weighted-average dumping margin that 
is established in the amended final results of this review, except if 
the rate is less than 0.50 percent and, therefore, de minimis within 
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit 
rate will be zero; (2) for previously investigated or reviewed 
companies not subject to this review, the cash deposit rate will 
continue to be the company-specific rate published for the most 
recently completed segment of this proceeding in which the company 
participated; (3) if the exporter is not a firm covered in this review, 
a prior review, or the original less-than-fair-value (LTFV) 
investigation, but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of the 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers and exporters will continue to be 
12.32 percent ad valorem, the all-others rate established in the LTFV 
investigation.\11\
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    \11\ See Large Diameter Welded Pipe from Canada: Antidumping 
Duty Order, 84 FR 18775 (May 2, 2019).
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: January 9, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

Review-Specific Rate Applicable to Companies Not Selected for 
Individual Examination

1. Acier Profile SBB Inc
2. Aciers Lague Steels Inc
3. Amdor Inc
4. BPC Services Group
5. Bri-Steel Manufacturing
6. Canada Culvert
7. Cappco Tubular Products Canada Inc.
8. CFI Metal Inc
9. Dominion Pipe & Piling
10. Enduro Canada Pipeline Services
11. Fi Oilfield Services Canada
12. Gchem Ltd.
13. Graham Construction
14. Groupe Fordia Inc
15. Grupo Fordia Inc
16. Hodgson Custom Rolling
17. Interpipe Inc
18. K K Recycling Services
19. Kobelt Manufacturing Co
20. Labrie Environment
21. Les Aciers Sofatec
22. Lorenz Conveying P
23. Lorenz Conveying Products
24. Matrix Manufacturing
25. MBI Produits De Forge
26. Nor Arc
27. Peak Drilling Ltd
28. Pipe & Piling Sply Ltd
29. Pipe & Piling Supplies
30. Prudental
31. Prudential

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32. Shaw Pipe Protecction
33. Shaw Pipe Protection
34. Tenaris Algoma Tubes Facility
35. Tenaris Prudential
36. Welded Tube of Can Ltd

[FR Doc. 2024-00904 Filed 1-17-24; 8:45 am]
BILLING CODE 3510-DS-P